Supreme Court of India · 2007-02-26
SHRI VISHWA NATH SHARMA vs SHYAM SHANKER GOELA
- Citation / case number
- SC 2001/21588
- Court
- Supreme Court of India
- Petitioner
- SHRI VISHWA NATH SHARMA
- Respondent
- SHYAM SHANKER GOELA
- Author
- ARIJIT PASAYAT
- Bench
- TARUN CHATTERJEE DR. ARIJIT PASAYAT
Judgment text excerpt
The Supreme Court upheld the Delhi High Court's dismissal of the defendants' appeal against the decree for specific performance of an agreement to sell under Section 96 of the Code of Civil Procedure, 1908. The Court established that a unilateral cancellation of the agreement by the defendant was invalid as the agreement was still in force, and the plaintiff had demonstrated readiness and willingness to perform his contractual obligations. The defendants were directed to execute the sale-deed as per the trial court's decree, affirming the enforceability of specific performance in contractual disputes.